goes to human rights protection page
links to human rights promotion page
link to human rights linkages development programs
link to special programs page
 
links to home page
links to about CHRP page
links to about human rights page
links to programs and services page
links to news and reports page
goes to links page
links to contact us page
links to site map
      
               
goes back to HR position paper 26-28 page
links to HR position papers 32-34 page

 

ON
HOUSE BILL NO. 69

"AN ACT AMENDING SECTION 4 OF REPUBLIC ACT NUMBER 7432, KNOWN AS "AN ACT TO MAXIMIZE THE CONTRIBUTION OF SENIOR CITIZENS TO NATION BUILDING, GRANT BENEFITS AND SPECIAL PRIVILEGES GRANTED TO SENIOR CITIZENS, PROVIDE ADDITIONAL PENALTIES FOR VIOLATORS, AND FOR OTHER PURPOSES"
               (Introduced by Representative Bernardo M. Vergara)

=================================

          The principal purposes of House Bill No. 69 authored by Representative Bernardo M. Vergara           are:

                      1)  To increase the discount privileges from 20% to 25%;

 2)  In case of erring business establishments, the violation of the law shall cause the revocation of business permits in their operation.

          The increase of discount privileges granted to senior citizens from 20% to 25% of the costs of goods or services might cause a chain reaction on the market prices. The increase suggested which is one-fourth ( 1 / 4 ) of the price may compel business establishments and drug stores to pass on to the general public consumers their loss by increasing the prices of all other goods. As seen in the recent events, the increase in the price of oil and fuel for example, have caused a chain reaction not only on transportation business but also to other price commodities to increase their prices.

           While we appreciate the laudable motive of the bill to increase the benefits for the elderly, we have to consider the adverse effects on the general public, especially the poor who do not belong to the elderly sector.

          The observation of the proponent of the bill was, several business establishments try to evade the implementation of this law by pretending that the medicines and other goods are not available. The problem is more on how to effectively enforce the law. There is no need to increase the penalties as the proponent has stated.

          The bill proposes the revocation of the business permits on the establishments which violate the law as an effective measure which we indorse.

          Let copies of this position paper be sent to Honorable Bernardo M. Vergara, the Honorable Speaker of the House of Representatives and the Chairman on the Committee on Civil, Political and Human Rights.

.
          Quezon City , 28 October 1999



ON
HOUSE BILL NO. 7979

"An Act Institutionalizing Drug Test as One of the Requisites of Medical Examination for Overseas Workers, Amending for the Purpose Section Three, Rule IV, Book VII of the Philippine Overseas Employment Administration (POEA) Rules and Regulations"
(I ntroduced by Hon, Roseller L. Barinaga)

=========================

          House Bill No. 7979 seeks to amend Sec. 1, Rule IV on Conduct of Medical Examination for Overseas Workers by adding in the examination a drug test.

          The Commission on Human Rights is in favor of the enactment of said bill as it will give an opportunity for people seeking employment abroad who are addicted to drugs to be given the opportunity to subject themselves to rehabilitation before they are employed abroad. The objective of the bill has salutary effect and for this purpose, the Commission on Human Rights recommends to the proponent to include drug testing for all applicants seeking employment in public or private offices or companies. The presence of drug addicts in the workplace adversely affects their efficiency and can be detrimental to society.

           It is recommended, however, that the drug tests should be with no additional cost on the medical examination required of prospective overseas workers. Furthermore, the Department of Labor and Employment and the Department of Health should coordinate in the promulgation of the drug test guidelines.

 

         Quezon City , 9 December 1999


ON
HOUSE BILL NO. 7866

"An Act Mandating all Public and Private Schools to Require their Students in the Elementary, Secondary and Tertiary Levels to Undergo a Yearly Drug Test as a Prerequisite for Enrollment and Providing Penalties for Violation Thereof" (I ntroduced by Cong, Raul M. Gonzales)

=========================

          This is Position Paper of the Commission on Human Rights on House Bill No.7866 introduced by Hon. Raul M. Gonzales to require drug tests for all students in the elementary, secondary and tertiary levels.

          The main objective of the bill is to save the country from scourge of drug addiction. The bill also provides that failure to undergo drug test will be justifiable cause for refusal of the enrollment or discharge of the students from any school. The bill penalizes any official, teacher or employee of any school who enrolls the children without undergoing drug test with six (6) months of imprisonment or fine of Twenty Thousand Pesos (P20, 000.00) to Thirty Thousand Pesos (P30, 000.00) or both. A higher penalty is imposed for the director or the principal of the school.

          The Commission on Human Rights makes these following comments from view of human rights instruments and the Philippine Constitution.

          Article 13, Sec. (1) of the International Covenant on Social and Cultural Rights reads:

"The State Parties to the present Covenant recognize the right of everyone to education. They agree that education shall be directed to the full development of the human personality and the sense of its dignity and shall strengthen the respect for human rights and fundamental freedoms. They further agree that education shall enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, and further the activities of the United Nations for the maintenance of peace."

Likewise, Article 28 of the Convention on the Rights of the Child reads:

"State Parties recognize the right of the child to education, and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular:

 a)  Make primary education compulsory and available free to all;

 b)  Encourage the development of different forms of secondary education, including general and vocational education, make them available and accessible to every child, and take appropriate measures such as the introduction of free education and offering financial assistance in case of need;

 c)  Make higher education accessible to all on the basis of capacity by every appropriate means;

 d)  Make educational and vocational information and guidance available and accessible to all children;

 e)  Take measures to encourage regular attendance at schools and the reduction of drop-out rates.

          Implementing the aforesaid bill is Article XIV, sec. (1) of the Philippine Constitution which reads:

           The State shall protect and promote the rights of all citizens to quality education at all levels and shall take appropriate steps to make such education accessible to all."

           The proposed bill may in one way restrict the right of children to enroll in any school for their education. However, a said right is not altogether absolute. The said right may be subject to regulation pursuant to the police power of the State. Drug addiction is a growing menace to society which the State must address right away. It is generally known that drug incidents are increasing in the school population.

          The regulation by the state on the right to education is provided in Article 13, par. 4 of the International Covenant on Economic, Social and Cultural Rights which reads:

"No part of this article shall be construed so as to interfere with the liberty of individuals and bodies to establish and direct educational institutions, subject always to the observance of the principles set forth in paragraph I of this article and to the requirement that the education given in such institutions shall conform to such minimum standards as may be laid down by the State."

          In principle, the objective of the bill is a valid exercise of the police power of the State. There are some objectionable provisions however in the proposed bill. A mandatory drug tests for all students enrolling in schools and a yearly drug test for the higher grades might be so onerous and time consuming considering the big number of student population in public schools. It might entail an enormous cost for the government.

          It is suggested that instead of mandatory drug test for all students, the school physicians concerned shall be required to subject for drug tests only those who are suspected of drug addiction upon observation of the teachers in charge. In public schools which do not have regular school physicians, the provincial or municipal health officer, or any government physician in the community should conduct examination of students found to be suspected as drug addicts. The physicians concerned shall recommend that those found to be drug addicted for rehabilitation before enrollment.

          It is further suggested that the drug tests shall not entail any cost to the students. It is also recommended that in lieu of the penal provisions in the bill, the teacher, the school principal, director or head of any school should be administratively charged for any violation of the law.


           Quezon City , 23 December 1999